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So technically speaking, when a tenant brings in another person to reside on the apartment, they create a new ?lease,? and become a sort of ?landlord? themselves. Thus, to get your roommate out, you need to bring an eviction proceeding, the same way a landlord would.
How to Evict a Family Member You must serve your tenant with a notice to vacate. ... You must file an eviction petition with your local courts if your tenant does not leave within the time limit. ... If your tenant refuses to move, or if he is in violation of a court order, you can contact law enforcement to have him removed.
Because leases in Texas do not have to be written, a spoken agreement allowing someone to stay at a house may constitute a lease. This would give the person some protections as a tenant. Attorneys typically recommend that the safest way to remove a guest who doesn't have a lease is through the formal eviction process.
A landlord cannot evict a tenant based on race, sex, national origin, disability or family status. Nor can a landlord use wrongful eviction to retaliate against a tenant who files maintenance requests or complaints about the condition of the property.
An eviction notice must always include a few important details such as the property the landlord is referring to and the tenant the notice is addressed to. More importantly, it must answer why the landlord is pursuing an eviction and must state a breach of the contract.